Conditions of licence
69 Conditions of licence
A licence is subject to all of the following conditions—
the licensee must comply with this Act;
if, under section 99, the licensee must have an accredited food safety program for the food business under the licence—
the licensee must comply with the accredited program; and
the licensee must allow an auditor to have reasonable access to the licensee’s premises under the licence to conduct audits under this Act;
Note—
Under section 99, the holder of a provisional licence is not required to have an accredited food safety program.
the licensee must—
if the premises under the licence are fixed or temporary premises—display the licence, or a copy of the licence, in a prominent position at the premises so it is easily visible to persons at the premises; andExamples of displaying a licence in a prominent position—
• displaying it at the customer counter of a restaurant
• displaying it in a publicly accessible reception area of premises where food is manufactured
if the premises under the licence are mobile premises—display details of the licence prescribed under a regulation in a prominent position on the premises so the details are easily visible to persons at the premises; and
ensure the licensee’s premises under the licence comply with the food standards code, standard 3.2.3;
the licensee must allow an authorised person to have reasonable access to the licensee’s premises under the licence during normal business hours for the food business under the licence;
other reasonable conditions the local government considers appropriate for the food business under the licence and that are stated in the licence or of which the licensee is notified under subsection (3).
A condition may be imposed under subsection (1)(e)—
when the licence is issued, renewed, restored or amended; or
at another time if the local government considers it necessary to impose the condition to ensure food for sale is safe and suitable for human consumption.
If the local government decides to impose conditions on a licence, other than a provisional licence, under subsection (2)(b), the local government must as soon as practicable give the licensee an information notice for the decision.
Subsection (1)(c)(iii) applies to a provisional licence only to the extent the premises under the licence can reasonably comply with the food standards code, standard 3.2.3, having regard to the basis on which the provisional licence is issued.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
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